Even if the board engages an owner for designated tasks, it is still responsible for overall managing of the property.

Q: Can the directors be remunerated if the board for our 16-unit condo decides on self-management? Can they hire an owner to manage?

A: Remuneration of directors must be set out in a bylaw fixing both the remuneration and the period of remuneration, not exceeding three years. Bylaws require approval by an affirmative vote of owners by a majority of the units at an owners’ meeting called for that purpose.

The board may engage an owner to act as manager. It must be remembered that whether the board engages an individual or a management company the obligation to manage the property still remains with the board. The manager’s function is not to manage but to assist the board in doing so by advising the board and carrying out the board’s instructions. The board may authorize the manager to make various routine day-to-day decisions. However, substantial decisions must be made by the board and cannot be delegated.

Q: Our board engaged a contractor to repair major wind damage to our townhouse complex. The contractor’s bid was 20 per cent higher than other bids received. The board refused to allow the owners to vote on awarding the work and would not explain the basis upon which they chose this contractor. Can directors be removed by a majority vote of the owners on the basis that they failed to act in the best interests of the owners?

A: The board was not obligated to permit the owners to vote if the work constituted repairs rather than additions, alterations or improvements. The board should have responded to queries as to the choice of contractor.

Owners of at least 15 per cent of the units are entitled at any time to requisition a meeting of the owners to vote on the removal of one or more directors. The requisition must state the reason for removal of each director. Dissatisfaction with the director’s performance will suffice. Removal requires an affirmative vote of owners of more than 50 per cent of the units.

Q: Soapy water from the laundry machine in the unit above backs into our washer drain and overflows into our unit. Management, after unsuccessful snaking and flushing, suggested that we remove our drainage hose after every time we use the washer and seal the drain. Isn’t the board obligated to solve the problem so that we may use our washer normally and feel safe to travel?

A: The board should take steps to determine whether there is a deficiency in the common element plumbing system that may reasonably be remedied. If other units do not have the same problem, it is unlikely the problem results from the design or age of the system and cannot be remedied without tearing the building apart. The board should also determine whether the problem lies with your neighbours’ machine or the way it is used. The corporation must enforce the Condominium Act prohibition against any condition or activity in a unit that is likely to damage the property.

Q: One of our owners demands that all minutes of board meetings be sent to owners. Is that required?

A: No. An owner is entitled to examine and request copies of the corporation’s records, including board minutes, provided information related to litigation and insurance claims involving the corporation and information related to employees and other units or owners is deleted. The board is not obligated to send copies to all owners.

Q: Can a board advise owners that no owner is entitled to send letters to other owners?

A: No. Even if the board passed a rule to that effect it would be unreasonable and therefore not valid.

Lawyer Gerry Hyman is an expert in condominium law. Send questions to gerry@gerryhyman.com or fax to his attention at 416-925-8492. Letter volume prevents individual replies.

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